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25th Congress, [SENATE.] [341] 

2d Session. 






LETTER 



THE SECRETARY OF WAR, 



Chairman of the Committee on Indian Affairs, on the subject of compen- 
sating the militia who attended the payment of the annuity to the 
Pottaioatamie Indians in 1836. 



March 27, 1838. 

Referred to the Committee on Indian Affairs, and ordered to be printed. 



Department of War, 

March 26, 1838. 
Sir : Permit me, through you, to lay before the Committee on Indian 
Affairs, for its consideration, the enclosed communication of the Commis- 
sioner of Indian Affairs, and the documents accompanying it, on the sub- 
ject of compensation to the militia which repaired to the place of paying 
the annuities of the Pottawatamie Indians of Indiana, in 1836, with a view 
to prevent and repress threatened disturbances, and of indemnification to 
them of the expenses which they thereby incurred. 

Very respectfully, 

Your most obedient servant, 

J. R. POINSETT. 



Hon. H. L. White, 

Chairman Com. Lid. Affairs, 



Senate. 



War Department, 
Offi,ce Ind.an Affairs, March 24, 1838. 
Sir : At the request oi Co.onel Ewing, a party interested, I have the 
honor to lay before you, for transmission, if you think proper, to the Com- 
mittee of Indian Affairs of the Senate, with a view to such action in Con- 
gress as justice may seem to demand, the copy of a communication from 
that gentleman in regard to certain expenses incurred in calling out the 

Rlajr & Rives, printers. 



[341] 



W&r 



militia at the payment of the annuities to the Pottawatamies in 1836, to- 
gether with copies of sundry papers and endorsements connected with the 
same. 

Very respectfully, 

Your most obedient servant, 

C. A, HARRIS, 

Comm issioner. 
Hon. J. R. Poinsett, 

Secretary of War. 



Washington City, 

March 17, 1838. 

Sir: By reference to a return made about a year since by his excellency 
Noah Noble, late Governor of the State of Indiana, to the honorable Secre- 
tary of War, on the subject of services rendered by three companies of In- 
diana militia, to the United States, you will there have the particulars, to 
which I desire most respectfully to call your attention at this time. 

The necessary expenses incurred by myself and the other officers upon 
that occasion, you will find, upon a reference to the bills accompanying the 
return, to be - ■■ - - - - $878 89 

The amount per diem usually allowed volunteers or mounted 
gun men, such as ours were, is one dollar per day. There 
were about one hundred men, and they served seven days 
each, would be, say - - - - 700 00 

$1,578 89 
The amount appropriated by the bill reported in the House of 
Representatives on the 25th January last, by the honorable 
E. Whittlesey, chairman of Committee of Claims, (a copy 
of his report and bill are herewith submitted) - - 889 62 

Balance unprovided for is - - - - $689 27 

Without presuming for a moment to doubt the correctness or the pro- 
priety of the course adopted upon this occasion by the committee who re- 
ported this bill, (for I feel persuaded that they have been governed in this 
case by the same rule that has governed them in all cases of a similar char- 
acter,) yet I am far from believing that this balance should not be suita- 
bly provided for and paid in some way by the Government. The Gov- 
ernment officer, A. C. Pepper, Indian agent, in his official report to the 
honorable Secretary of "War, on the subject, clearly shows and admits that 
it was a case of great emergency ; and " that justice to the Indians and a 
proper respect for the laws, demanded the presence of an adequate military 
force, «fec.;" "that those three, compauies of troops were promptly brought 
on to the ground ;" " that the exigency that produced the requisition "for 
an armed force could not have been anticipated;" and, consequently, he, the 
Government officer, when they did come, was not prepared to furnish them 
with the necessary rations and forage. The officer of the Government, by 
his requisition on the commandant of the 78th regiment of Indiana militia, 
which will be found with the returns, required the troops. I therefore or- 
dered them to repair with all possible haste and despatch to the place de- 



3 [ 341 ] 

signaled in my orders, which I caused to be served upon the commandants 
of the respective companies. They obeyed, and in less than twenty-four 
hours after the time the requisition was served on me, the troops were on 
the ground, a distance of nearly thirty miles from where the most of them 
resided; there was no time for delays for preparing rations for the men, or 
forage for their horses. It was a forced march, and it should not be for- 
gotten that, by this prompt action, they completely affected the object for 
which they were called out, (see A. C. Pepper's report for this.) They 
were not regular troops, but were of that description of troops commonly 
called " mounted gun men," or " volunteers," who are seldom called into 
actual service (nowadays ;) and, therefore, they were not fully prepared, at 
so short a notice. 

On arriving at the camp, or treaty ground, as before stated, the Govern- 
ment officer, A. C. Pepper, Indian agent, was applied to for rations and for- 
age for the troops. His reply was, that he had none, nor could not get any ; 
that in consequence of the unexpected length of time consumed in affecting 
the several treaties, and paying out the annuities, the supply of provisions, 
which he had provided for the occasion, was nearly or quite exhausted, but 
that I must provide for the troops the best way that I could. I therefore 
despatched a forage master, who succeeded in procuring for the horses 
some corn and sheaf oats. My issuing commissary was less successful, and 
failed to obtain any rations for the men. We were in a sparsely settled por- 
tion of the country, bordering upon the Indian lands, where provisions were 
not to be procured, and the only chance left me for feeding the troops was 
the course which I reluctantly adopted. It was both necessary and right 
they should have something to eat, nor was I compelled to do what could 
not be done, namely, obtain provisions and issue regular rations to the men. 
Had I neglected or refused to furnish them something to subsist on, they 
would of necessity have abandoned the service, and returned home. 

1 advanced my own private funds, to the amount of between three and 
four hundred dollars, to pay these expenses, and the captains did the same, 
(though not to so large an amount,) for it was not to be expected that the 
Government would refuse a just compensation for necessary services ren- 
dered, or for necessary expenses incurred. 

One of the captains has been sued, and a judgment rendered up against 
him, for a part of these expenses incurred in feeding his men; will he not, if 
not otherwise paid, look to Colonel Pepper, (the Government officer,) or to 
me, for pay, under the same laws, and bring suit, as suit has been brought 
against him ? 

The report of the commissioner (A. C. Pepper) to the honorable Secre- 
tary of War, wherein he spoke of having called out the troops, has been 
sanctioned by an official communication ; therefore it would seem but proper 
that those necessary and unavoidable expenses should be provided for. A 
similar emergency might occur in your effort to treat wiih the Miami 
Indians, and the Government may want the services of the same men to 
protect her agents in the discharge of their official duties. 

The money expended and liabilities necessarily incurred by the officers, 
as shown by their returns, I think ought to be paid. The amounts are small, 
truly, but too much for individuals to lose ; besides, it would be manifest 
injustice, in my humble opinion, to make them lose it. They acted promptly, 
and in good faith, and they rendered valuable service, both to the country, 
and to the friendly Indians ; nor do I doubt but that their appearance there 



[ 341 ] 4 

so opportunely was alone the cause that prevented a massacre and much 
bloodshed. It was the intention of the hostile Indians that the chiefs and 
all who had signed the treaties on that ground should be killed. Hence it 
was that they claimed the protection of the Government, which had been 
promised them. By a reference to each of the treaties made with them, 
on the 20th, 22d, and 23d of September, 1836, you will find the following 
provision, namely : " Section 4. The United States stipulate to provide for 
the payment of the necessary expenses attending the making and conclud- 
ing this treaty." The same provision is in each of these treaties. 

The Indians say to Colonel Pepper, among other things, (see his report:) 
" They would, therefore, accept the good advice of their great father, and 
were ready now to sign a treaty for all their remaining land." But they said 
" there were many disaffected men among their own people, as well as among 
the northern Indians, who threatened to kill the chiefs if they sold the land, 
and if they did sell, they should look to their great father to protect them 
from the execution of these threats." They were told, said the commission- 
er, Colonel Pepper, (see his report,) " they should be protected" fyc. " With 
this assurance they signed the treaty, and for a short time there seemed to 
be less excitement and discontent than before." 

Again, he says in his report, " at this stage of the business, the chiefs 
were apparently much alarmed, (an Indian will not say he is afraid ;") "they 
reminded me that protection had been promised, &c, that a council had 
been held by the disaffected Indians, and that a man had been appointed to 
kill certain chiefs designated to the council ;" and hence his requisition for the 
troops, who were, as he says, promptly brought on to the ground. This 
well timed manoeuvre, and the sudden appearance of the troops, "seemed 
to affect the object intended." Hence much good was done, and bloodshed 
thereby prevented. The necessary expenses of making and concluding 
these treaties certainly should embrace the necessary and unavoidable ex- 
penses incurred by myself, and the other officers, (as found in my returns,) 
in repairing thus by a forced march, upon a call of great emergency, to the 
treaty ground with those troops, and supplying them whilst they were ne- 
cessarily detained there. I think I have clearly shown that the troops were 
necessarily called out by a treaty making commissioner on the part of the 
United Stales, whose conduct in that particular was sanctioned by the War 
Department ; that in the treaties he then made, " the United States stipulated 
to pay the necessary expenses attending the making and concluding the 
same ;" and that therefore the expenses I have been at, as well as the other 
officers, in this matter, should be paid as provided by the 4th article of the 
treaties referred to. I therefore most respectfully request that you will 
cause the amount required to pay these expenses to be provided for at as 
early a day as may be convenient, in order that those who may be entitled 
to receive the money may get it early this spring. The amount which I 
advanced, I would be glad to get now. It is near four hundred dollars, 
which I have been deprived of the use of since September, 1S36. Having full 
and entire confidence in your high sense of honor and of justice, I sub- 
mit this matter, in the hope that it may soon besuitably provided for and paid. 
I have the hohor to remain, with great respect, 

Your most obedient and very humble servant, 
GEO. W. EW1NG, 
Commandant of the 78 regiment, Indiana militia. 

Hon. C. A. Harris, 

Commissioner of Indian Affairs. 



5 [341] 

Office of Indian Affairs, 

March 20, 1838. 

Respectfully referred to the Secretary of War, for his decision, should it 
be determined that the proper claims within referred to, not provided for in 
the bill reported, should be paid, without the action of Congress, the amount 
would seem to be a proper charge against the appropriation for paying the 
expenses of annuity payments, and other incidental matters, or it might be 
estimated for on one of the items of the cost of negotiating the treaties, both 
objects having been effected at the same time. 

C. A. HARRIS, 

Commissioner. 

This claim having been submitted to Congress, and acted upon by the 
Committee of Claims of the House, is not within the jurisdiction of the 
department. If the parties desire it, this memorial will be submitted to the 
Committee on Indian Affairs, if they think proper, after a review of the 
whole case, to do so. 

J. R. P. 



IN THE HOUSE OF REPRESENTATIVES. 
January 25, 1838. 

The Committee of Claims, to which was referred the claim of three com- 
panies of Indiana militia for their services in protecting certain 
Indians, and others, near the Tippecanoe river, on the 1 9th of Septem- 
ber, 1836, report: 

That this claim was examined at the 2d session of the 24th Congress, 
and a bill was reported on the 8th of February, 1837. It was not reached 
during the session. The claim has been again examined, and the former 
report and bill are again presented to the favorable action of the House. 



February 8, 1837. 

The Committee of Claims, to which loas referred the claim of three com- 
panies of Indiana militia for their services in protecting certain I?idia?is, 
and others, near the Tippecanoe river, on the 19th of September, 1836, 
report : 

That it appears from a report made to the Secretary of War, in October 
last, by Mr. Pepper, Indian agent, that a meeting of Pottawatamies was held 
on the 19th of September last, at a place designated, near the Tippecanoe 
river, in Indiana, to receive their annuities. At that assemblage, for cer- 
tain causes mentioned in the report, it became necessary, to preserve the 
peace and to protect certain Indians and others, to call out three companies 
of militia. The muster-rolls state they were on duty seven days. 



[ 341 ] 6 

The requisition of the Indian agent on Colonel Ewing, and his orders 
to the commandants of the companies, are among the papers, and appear 
to be regular. 

The Indians having been assembled under a treaty with the United 
States, it appears to the committee that they, with all other persons necessa- 
rily employed, were to be protected at the expense of the United States. 

Relying on the report of Mr. Pepper for a correct statement of the 
facts, the committee think the exigency authorized the agent to call out a 
suitable military force; and it appears that the force so called out was not 
disproportioned to the occasion. 

The Secretary of War furnished the committee with all the papers in his 
possession relative to the claims presented. Among the papers are three 
muster-rolls, and various bills for forage, victuals at taverns, and other 
expenses. The bills amount to $878 89. 

The committee think, when troops are called into the service of the 
United States, whether for long or short periods, their pay and allowances 
should be regulated by existing laws. If they incur extraordinary expenses 
at taverns, such expenses are not to be allowed against the United States. 
The committee, therefore, disallow the bills, with the exception of two of 
them. One of them is for ammunition and for cleaning guns ; and the 
other is for money paid for expresses and for ammunition. In the last bill, 
ammunition and provisions are blended in the same item. 

The committee recommend that $103 87, the amount of these bills, be 
appropriated, leaving it to the proper officer to pay so much as he shall think 
right for ammunition, cleaning of guns, (if that is a proper charge,) and 
for sending expresses. 

They sent the muster-rolls to the Paymaster General for his estimates for 
the pay of the officers and men. They amount to $785 75 ; for which, 
and the expenses mentioned above, the committee report a bill. 



Indian Agency, Logansport, 

October, 1836. 

Sir : 1 have the honor to report that on the 19th day of September, 1836, 
the Pottawatamies of the Indian agency assembled at the place designated, 
near the Tippecanoe river, to receive their annuity. There were also on 
the ground about 300 northern Indians, belonging to the Chicago agency, 
some of whom had been with the Wabash Indians all summer, and who 
had been encouraged, by that portion of Catholic Indians opposed to emi- 
gration, to settle and live upon their reserves. These northern and Catho- 
lic Indians, headed and advised, as I have great reason to believe, by some 
white men, insisted that the annuity should be divided amongst the whole 
number of Indians on the ground ; that the proper chiefs of the Wabash 
Pottawatamies should sell no more land, but reserve what they had for the 
common use of all. The proper chiefs insisted that the annuity should be 
paid to the Indians of this agency only; that they had a right to sell all the 
land belonging to the Pottawatamies in Indiana, and to dispose of the pro- 
ceeds as they might think proper. The above conflicting views were 
subjects of frequent and angry debate among the Indians, before any coun- 
cil was called. I determined that this would be a favorable opportunity to lay 



7 [341] 

before the chiefs the propositions embraced in your instructions of January, 
1836. I therefore assembled them in council; had a full and free inter- 
change of opinions with them; urged them, in mild but strong terms, to 
accept of the invitation of their great father to sell all their reserves, and 
to remove to their country west of the Mississippi. 

They replied, that their great father had always given them good advice* 
that they had listened well to his advice for many years, and that they had 
become convinced that they could, not stay much longer in this country ■ 
they would, therefore, accept the good advice of their great father, and 
were now ready to sign a treaty for all their remaining land. But, they 
said, there were many disaffected men among their own people, as well as 
among the northern Indians, who threatened to kill the chiefs, if they sold 
the land : and that, if they did sell, they should look to their great father 
to protect them from the execution of these threats. 

They were told that they should be protected ; that the man who raised 
his hand to strike a chief, for exercising the duties and powers of his office 
should be deemed an enemy to the Government, and would be pursued 
overtaken, and punished, if he ran as far as the west side of the great river. 
With this assurance the chiefs signed the treaty, and, for a short time there 
appeared to be less excitement and discontent than before. 

On the 24th of September, the Indians were called in council to determine 
in what manner they would receive their annuity. When the council 
assembled, the Wabash Pottawatamies were invited to take their seats 
together and consult ; but one or two of the chiefs seated themselves on the 
opposite side, with the Chicago Indians, and seemed determined to confound 
the councils of the proper tribe. I advised the Chicago Indians to leave 
the ground ; assuring them they could receive no portion of the present 
annuity. 

Captain Simonton told the Indians he would protect them, while the 
payment was being made, if he were compelled to send to Chicao-o for 
troops. 

The Chicago Indians, and some of the disaffected Indians of this agency 
immediately raised an impudent shout, mounted their horses, and left the 
council. The Wabash Indians then continued the council, and informed 
Captain Simonton that they had decided that the whole annuitv for lands 
formerly sold, and recently ceded, should be paid to the chiefs, and receipted 
for by them. 

The chiefs informed Captain Simonton and myself, in open council that 
they intended to apply a part of their money to the payment of their debts- 
and that they had appointed two persons, viz : Colonel George W. Ewinff 
and Cyrus Tabor, to investigate the claims against their tribe, and to assist 
them in counting and distributing their money. On the following day in 
conformity to law and the above decision of the Indians, Captain Simonton 
paid and delivered the money to the chiefs, and took their receipts. Captain 
Simonton and myself now supposed that we had no other duty to perform 
than to protect the Indians a sufficient length of time to enable them to 
distribute the money according to their wishes ; and, to afford them such 
protection, Captain Simonton had selected and employed twenty men who 
were placed under the command of Major Andrews, with instructions to 
prevent the distribution of whiskey to the Indians, to preserve order and to 
protect the house in which the money was deposited. 

Soon after the two persons appointed by the Indians, as above stated 



[341] 8 

commenced counting money in the house, the crowd out of doors complained ; 
alleging that, as the commissioners appointed had claims to a very large 
amount against the Indians, justice would not be done to minor claimants ; 
the tumult increased, and at last a rush was made to the front of the money 
house, by claimants and others, who pushed the guard aside, and demanded 
that the commissioners appointed by the Indians should be turned out, and 
others appointed in their stead. 

Another party of white men insisted that the commissioners should not 
be interrupted. At the same time, the disaffected Indians, with some white 
men at their head, assailed the house in the rear, and called aloud to each 
other to pull down the house, and scatter the money to the Indians. Captain 
Simonton and myself had been at dinner, and, when the disturbance arose, 
were some one hundred yards distant from the scene. I arrived in time to 
hear the language above stated, and immediately attempted to clamber on 
the top of a cabin adjoining the one in which the money was deposited ; 
and, while accomplishing this object, one of the logs of the money -house 
was forcibly pulled down. As soon as I reached the top of the house, I 
called the attention of the crowd, harangued them at some length, advising 
them to desist from the perpetration of lawless acts, and unite in restoring 

peace. 

The ano-ry excitement in the mean time somewhat abated, and a 
proposition was made, and agreed to by the crowd, that Captain Simonton 
and myself should adjust the claims against the Indians, and pay out the 
money. But, not having the sanction of law, nor instructions from the 
Government to interfere in any manner with the settlement of common 
debts against the Indians, we declined the charge. 

A proposition was then made that we should select disinterested persons 
as commissioners to perform the duty. This we consented to do, provided 
the chiefs, in whose hands the money had been legally placed, requested it. 
They were consulted, and did so request; whereupon Captain Simonton 
and myself selected William Polke, Ebenezer Ward, Robert B. Stevenson, 
Edward V. Cicott, Benjamin Burthelett, and Daniel D. Pratt, to assist the 
chiefs in adjusting the claims against the Indians, and to apply part of the 
annuity to the payment thereof, and distribute the balance to the heads of 

families. , - , • 

Some delay was unavoidable in selecting and bringing together the 
above named gentlemen, one of whom was distant thirty miles from the 

ground. 

The disbursing agent and myself, at the request of the Indians, consented 
to take charge of the money until the commissioners could be assembled. 
At this stage of the business, the chiefs were apparently much alarmed ; 
(an Indian will not say he is afraid.) They reminded me that protection 
had been promised ; said that a council had been held by the disaffected 
Indians, and that a man had been appointed to kill certain chiefs designated 
to the council. There was, indeed, great reason to fear that these threats 
would be carried into execution, and that the angry excitement that 
prevailed among the claimants would be renewed whenever the newly 
selected commissioners commenced investigating and paying their claims. 

These well-founded apprehensions forced my mind to the conclusion 
that justice to the Indians, and a proper respect for the laws, demanded the 
presence of an adequate military force to suppress the lawless spirit that 
prevailed in the camp, and to preserve peace and good order during the 

3-D 1.4 S 



9 [ 341 1 

forther progress of the business. I consulted Captain Simonton, whose 
views corresponded with mine, and despatched an express to the settlement, 
with a requisition for three companies of militia. In consequence of the 
requisition and regimental order of the colonel of the regiment, three companies, 
consisting in all of about one hundred men, were promptly brought on to 
the ground. 

My presence being demanded at the payment of the Miamies, the money 
was now delivered into the possession of the last selected commissioners ; 
and, at their request, the troops were placed at their disposal. The 
commissioners, in the discharge of their duty, proceeded to distribute to 
the heads of families and bands, the money retained by them for equal 
distribution among themselves ; after which they adjourned, on the same 
evening, (27th September,) to Judge Polke's, about three miles distant from 
the camp, taking the remaining money with them. 

The appearance of the troops seemed to effect the object intended. The 
disaffected among the Indians and white men were awed from further acts 
of intimidation and lawlessless ; and the commissioners, after a session of 
two days at Judge Polke's, uninterrupted by any attempts to interfere with 
their decision, proceeded to distribute to claimants, in the proportion agreed 
on, the remaining money in their hands. 

The exigency that produced the requisition for an armed force on the 
ground could not have been anticipated. The measure, however, it is 
believed, was not disproportioned to the emergency. It suggested itself to 
my mind as the only resort to insure protection to the chiefs who had signed 
the treaty and thrown their protection upon me, and to bring to peaceful 
termination the adjustment and payment of the claims against the Indians 
by the commissioners. 

I am, sir, with great respect, 
Your obedient servant, 

A. C. PEPPER, 

Indian Agent. 

To the Hon. Secretary op War, 

Washington city. 



IN THE HOUSE OF REPRESENTATIVES. 

January 25, 1838. 

Mr. E. Whittlesey, from the Committee of Claims, reported the follow- 
ing bill : 

1 bill providing for paying three companies of militia, in the State oj 
Indiana, called into the service of the United States. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That there be paid, 
on the requisition of the Secretary of War, out of any money in the 
Treasury not otherwise appropriated, seven hundred and eighty-five dol- 
lars and seventy-five cents, for paying three companies of Indiana militia, 
called into the service of the United States by Colonel Ewing, on the twenty- 
2 



[ 341 ] 10 

fifth of September, one thousand eight hundred and thirty-six, on the requi- 
sition of A. C. Pepper, Indian agent at Logansport, for the purpose of pro- 
tecting certain Indians assembled to receive their annuities, and to protect 
other persons, necessarily employed relative to said annuities ; and that the 
further sum of one hundred and three dollars and eighty-seven cents be, 
in like manner, appropriated, for paying for ammunition delivered to said 
militia, and for expenses of expresses in calling out said militia, and foi 
other expenses legally incurred. 



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